Tony Jackie Hernandez v. GEORGE A. NEOTTI, Warden

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TONY JACKIE HERNANDEZ,
Petitioner - Appellant,
v.
GEORGE A. NEOTTI, Warden, et al.,
Respondents - Appellees.
No. 08-17295
D.C. No. 2:06-cv-01106-JKS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
James K. Singleton, District Judge, Presiding
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
California state prisoner Tony Jackie Hernandez appeals from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction under 28 U.S.C. § 2253, and we affirm.
FILED
JAN 05 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-17295 2
Hernandez contends that his trial counsel provided him with ineffective
assistance by (1) failing to cite to and argue for the applicability of a section of the
California Vehicle Code, and (2) failing to question the arresting officers
concerning their observations as to the number of times Hernandez’s stoplamp
flickered. We conclude that the state court’s rejection of his ineffective assistance
of counsel claims was not contrary to, or an unreasonable application of, clearly
established United States Supreme Court precedent. See 28 U.S.C. § 2254(d)(1);
Strickland v. Washington, 466 U.S. 668, 687-88 (1984).
We construe Hernandez’s additional arguments as a motion to expand the
certificate of appealability. So construed, the motion is denied. See 9th Cir.
R. 22-1(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir. 1999) (per
curiam).
AFFIRMED.

-- 2 of 2 --